Somewhere Alexander Hamilton is smiling. For the battle that’s beginning over President Obama’s nomination of Judge Merrick Garland to the Supreme Court vindicates the famous Founder’s assurances on judicial appointments.
Hamilton knew that Americans would find their protection from would-be kings in the wisdom of the Senate. He marked this point in Federalist 69, one of the columns he wrote back in 1788 under the pen name Publius.
The topic of Federalist 69 is the “real character of the executive.” It makes it clear that in filling the seat once held by Justice Antonin Scalia, President Obama is at the complete mercy of the Senate — and should be.
The President is to nominate, and, with the advice and consent of the Senate, to appoint ambassadors and other public ministers, judges of the Supreme Court, and in general all officers of the United States established by law...
The king of Great Britain is emphatically and truly styled the fountain of honor. He not only appoints to all offices, but can create offices. He can confer titles of nobility at pleasure; and has the disposal of an immense number of church preferments. There is evidently a great inferiority in the power of the President, in this particular, to that of the British king...
In the national government, if the Senate should be divided, no appointment could be made...
It is divided, and for the moment, no appointment will be made.
[HT: Our Founding Truth]
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